K.BALAKRISHNAN, K.MADHURI LATHA, P.K.SHAMSUDDIN
EROS COPRA & OIL TRADERS – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent
Mr. Justice P.K. Shamsuddin, President— This appeal is directed against the order passed by the District Forum, Ernakulam, in O.P. No. 990/95. The complainant is the appellant.
2. The complainant is a manufacturer and wholesale dealer in Surya Brand coconut oil, cakes and copra and they had taken a Marine Open Insurance Policy from the opposite party covering transit of coconut oil from the premises of the insured to various places in India with facility for declaration as and when consignment was despatched. Ext. B3 is the copy of the policy so issued covering the period from 9.10.1994 to 8.10.1995. On 11.3.1995 the complainant despatched one consignment of double filtered coconut oil to Hidustan Lever Limited at Madras/ the total value of which is Rs. 3,20,791/- as will be seen from Ext. B1-invoice. Ext. B2 is consignment note issued by Inter Cargo Carriers who are liquid transport contractors and commission agents and the consignment was despatched by lorry No. TMC 4167. This lorry had public carrier permit issued by the State of Tamilnadu valid upto 10.5.1995 and temporary permit from the State of Kerala for the period from 6.3.1995 to 12.3.1995 as will be seen from Ext. B4
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